PC Resolution-10-08-24-01PC RESOLUTION NO. 10-08-24-01
CONDITIONAL USE PERMIT 09-015
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING THE PLANS FOR THE
ESTABLISHMENT OF A WIRELESS TELECOMMUNICATIONS FACILITY
THAT INCLUDES TWELVE PADDLE ANTENNAS AND SIX PIECES OF
GROUND MOUNTED EQUIPMENT LOCATED AT 32382 DEL OBISPO,
GENERALLY LOCATED APPROXIMATELY 1500 FEET NORTH EAST OF
CAMINO DEL AVION AND MORE SPECIFICALLY REFERRED TO AS
APN 121-182-53.
WHEREAS, Vermeulen Ranch LLC is the owner of real property described as
Assessor's Parcel Number 121-182-53 located at 30220 Rancho Viejo Rd., San Juan
Capistrano; and,
WHEREAS, T -Mobile, proposes modify an existing wireless telecommunications
facility to add four antennas and one ground mounted piece of equipment; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code and reviewed for compliance with the City's
General Plan and the City's adopted Architectural Design Guidelines; and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant to
Section 15303 of the California Environmental Quality Act (CEQA) and issued a Class 3
Categorical Exemption;
WHEREAS, the Design Review Committee reviewed the item on December 3, 2009,
January 21, 2010, and March 18, 2010 and forwarded the item to the Planning Commission with
a recommendation of approval; and,
WHEREAS, On August 24, 2010 the Planning Commission conducted a duly
noticed public hearing pursuant to Section 9-2.313 of the Municipal Code to consider public
testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City
of San Juan Capistrano does hereby make the following findings:
The proposed project is consistent with the General Plan policies and objectives, in
particular the Community Design Element because that element implements the
City's design objectives through the adopted Architectural Design Guidelines. The
proposed location of the antennas will be consistent with the City's Architectural
Design Guidelines, and specifically:
PC Resolution 10-08-24-01 2 August 24, 2010
Section 2(a) which states that, "facilities should not be discernible from public
right-of-ways or open space areas;" and,
Section 2(c) which states that, "cellular and wireless facilities should be
screened by structures and or landscaping;" and,
Section 3(a) which states that the, "wireless communication antennas should
be integrated within the overall building and/ or landscape design".
The proposed project has been designed as an ancillary structure which is
consistent with the surrounding developed community. The design has been
carefully considered to employ the design characteristics of traditional agrarian
water tanks. Specifically the relationship of the water tank's base to the top of the
roof line is accurate to historic examples. The design uses a corrugated metal
designed fiberglass which emulates materials that would have been traditionally
used. Further all proposed equipment shall be screened by the proposed structure
and would not be discernable from public areas. Therefore, the proposed project is
consistent with the General Plan; and,
2. The proposed project is located within the Agri Business (A) zone district. The "A"
zone district specifically allows cellular antennas, subject to approval of a
Conditional Use Permit. The purpose of the CUP is to provide the City with the legal
authority to impose conditions to mitigate the adverse aesthetic effects of cellular
antennae. The design of the proposed project has eliminated the visual impacts of
the wireless facility. The proposed design meets all setback requirements, and other
applicable development standards. Further the proposed structure is located over
300'-0" from the nearest residential district and the design integrated into the
building. Therefore the proposed modification is consistent the Municipal Code; and,
3. The proposed wireless facility is located in a service area of the existing commercial
business. The proposed design does not impact vehicular, pedestrian, or other
forms of traffic, nor parking and loading areas. Further the proposed design meets
all applicable setbacks. Therefore because the proposed project does not create
adverse impacts on existing uses, and meets all Municipal Code requirements it is
found to be consistent with the intent of this finding; and,
4. The proposed modification does not create any additional impacts that would be in
conflict with the existing use. The proposed use does not generate excessive noise,
light, vibration or odors. Further the proposed use does not create significant
increases in vehicle trips. Therefore the proposed use is found to be consistent and
complimentary to the existing uses; and,
5. The proposed use does not create significant vehicular trips which would create
significant demands for parking. Occasionally support personnel need to visit the
site for repairs maintenance, otherwise the site is unmanned. Due to the limited
PC Resolution 10-08-24-01 3 August 24, 2010
visitation to the site the proposed project is consistent with this finding; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby confirm issuance of a
categorical exemption and approves the project subject to conditions of approval set forth
in Exhibit A, attached hereto and incorporated herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:00 PM September 8, 2010. This
project approval shall be valid for a period of one year from the date of approval of this
resolution, and shall expire on August 24, 2010 unless a time extension request or building
permit application related to this discretionary approval is submitted to the City prior to that
date.
PASSED, APPROVED AND ADOPTED this 24th day of August, 2010, by the
following vote:
AYES: Chairman Cohen, Vice Chairwoman Ratcliffe, Commissioners Kerr,
Mocalis, Neely and Williams
NOES: none
ABSTAIN: none
5L' C,
Sheldon Cohen, Chairman
RESOLUTION #: 10-08-24-01
Exhibit A
CONDITIONS OF APPROVAL
Project #:
CUP 09-015
Project Name:
Armstrong Nursery
APPROVAL DATE:
August 24, 2010
EFFECTIVE DATE:
September 8, 2010
EXPIRATION DATE: August 24, 2011
These conditions of approval apply to Conditional Use Permit # 09-015 for the
establishment of a wireless telecommunications facility that includes twelve paddle
antennas and six pieces of ground mounted equipment located at 32382 Del Obispo,
generally located approximately 1500 feet north east of Camino Del Avion and more
specifically referred to as APN 121-182-53. Any proposed change of use or expansion
of the area or modifications to the site plan or structures shall be submitted to the City
Community Development Department along with the required application and fee, for
review. For the purpose of these conditions, the term "applicant" shall also mean the
developer, the owner or any successor(s) in interest to the terms of this approval.
General Conditions:
Conditional Use Permit # 09-005 a request for the establishment of a
wireless telecommunications facility that includes twelve paddle antennas
and six pieces of ground mounted equipment located at 32382 Del
Obispo, generally located approximately 1500 feet north east of Camino
Del Avion and more specifically referred to as (APN 121-182-53).This
approval is granted based on the application materials submitted by
Aimee Weeks, representative for T -Mobile including a site plan and
elevations. These plans and the proposed use of the site are approved as
submitted and conditioned herein, and shall not be further altered unless
reviewed and approved by the affected city departments. Minor
modifications to this approval which are determined by the Community
Director to be in substantial conformance with the approved site plan, and
which do not intensify or change the use or require any deviations from
adopted standards, may be approved by the Planning Director upon
submittal of an application and the required fee. If not appealed, this
approval shall become effective on the first business day following the
fifteenth (15th) day after the date of the Planning Commission's approval
and shall expire August 24, 2010 (12) months after the date of the
approval unless the use or occupancy which is the subject of this action
has taken place and all conditions of approval have been met, or a time
extension has been granted by the City. Any application for an extension
of time shall be submitted to the Community Department, along with the
Planning Commission Resolution 10-05-03-01 Final Conditions of Approval
CUP 09-015 Armstrong Nursery August 24, 2010
Page 2 of 5
required fee, at least ninety (90) days prior to the expiration date of this
approval, except as otherwise approved by the Planning Director.
2. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
3. All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so.
4. The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano,
its officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or
condition of approval of the City Council, Planning Commission, or City
Planner. The City shall promptly notify the applicant of any claim, action,
or proceeding concerning the project and the City shall cooperate fully in
the defense of the matter. The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
5. The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services
related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
6. In the event that exhibits and written conditions are inconsistent, the
written conditions shall prevail. If there are any disparities between these
conditions and the plans or final revised plans that are approved for any
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
7. The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
8. The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
Planning Commission Resolution 10-05-03-01 Final Conditions of Approval
CUP 09-015 Armstrong Nursery August 24, 2010
Page 3 of 5
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
9. All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Department prior to
issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions. (B&S)
10. In the event that future technology renders the approved antenna or the
screening structure obsolete due to performance or aesthetic
considerations, the antenna may be replaced or removed at the expense
of the applicant, subject to review by the Planning Commission.
11. In the event that the subject property changes uses or proposes to modify
the existing Zoning classification or General Plan designation, which
would result in a different architectural aesthetic to the existing or any new
structure that renders the approved design of the wireless
telecommunication facility incompatible with the new design, then at the
discretion of the city at the expense of the applicant the approve screening
structure and antennas will be required to be removed.
12. Prior to the submission of construction documents the applicant shall
submit revised plans and photo simulations. The revision to these plans
shall include specific reference to the proposed color and treatment of the
proposed water tank and support structure. Furthermore the proposed
design shall incorporate horizontal banding to increase the integrity of the
proposed design. Once the revised plans and photo simulations have
been submitted they will be remanded to the Design Review Committee
for final consideration and subsequently referred to the Planning
Commission for approval as a Consent Calendar item. Should any
discrepancy arise from the proposed design and the direction provided by
either the Planning Commission or Design Review Committee retains the
right to continue consideration until the design proposed is consistent with
the recommendations of the Planning Commission and Design Review
Committee.
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
13. Applicable Codes. Prior to issuance of building permits, plans for this
project shall be submitted to the Building and Safety Department for
review and approval, and shall comply with the latest City -adopted edition
of the applicable building codes. (B&S)
Planning Commission Resolution 10-05-03-01 Final Conditions of Approval
CUP 09-015 Armstrong Nursery August 24, 2010
Page 4 of 5
14. Building Construction Plans. Prior to issuance of building permits, the
applicant shall submit final construction plans, building elevations and floor
plans to the Planning Department for final review and approval. Such
plans shall be fully dimensioned and in substantial conformance with
those plans approved by the Planning Commission, Design Review
Committee, and/or Planning Director (as applicable). (PLN)
15. OCFA Review of Hazardous Materials (Service Code 2.50). Prior to the
issuance of a building permit, the applicant shall submit to the Fire Chief a
plan for review and approval of the battery system. The plans shall be in
accordance with the California Fire Article 64. Please contact the OCFA at
(714) 573-6133 for a copy of the Guidelines and Informational Bulletins.
(OCFA)
The following conditions and requirements shall be met during construction,
from the beginning of the first ground -disturbing activity until the use has been
released for occupancy.
16. Waste Disposal and Sanitation. At all times during construction, the
applicant shall maintain adequate sanitary disposal facilities and solid
waste disposal containers on site. The accumulation of refuse and debris
constituting a public nuisance is not permitted. (ENG)
17. Construction hours. Construction hours shall be limited to 7:00 a.m. to
6:00 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m.
on Saturday. Construction activity shall not be permitted on Sundays or
any Federal holiday.(PLN)
The following conditions shall be met prior to acceptance of improvements and
release of bonds and/or surety, final utility clearances, or granting permission
to use or occupy the project site, as specified below:
18. Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to site plans, grading plans, wall plans,
landscape/irrigation plans, lighting plans, and elevations. If all
improvements cannot be installed prior to occupancy, the City may
approve a Deferred Improvement Agreement to defer the completion of
the improvements provided that a bond, cash deposit, or other surety in a
form and substance approved by the City Attorney, is submitted to the City
in lieu of installation of the improvements, that application and required
fees are submitted, and that the incomplete improvements will not create
Planning Commission Resolution 10-05-03-01 Final Conditions of Approval
CUP 09-015 Armstrong Nursery August 24, 2010
Page 5 of 5
an unsafe condition on the site. The term of the deferral shall be as
determined by the City Planner. (PLN)
Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
Date of Approval: August 24, 2010
10-08-24-01
Effecti a Dated September 8, 2010
By: a& D I I /I te�
Vplicant Si nat re fi Date
Print Name &Title � CSC' i fdat